, 1887-12-07
IN THE BALANCE.
The Ward Case Goes to the Jury
To-Day.

Al the morning session OF the court
Judge Turner announced that he de.
cided that the evidence Of DR.. Pen.
field was admissible, and the doctor
proceeded to describe his conver sation
with the accused which was in sub.
stance as follows: They talked upon
several topics, and then the doctor
thinking that ii the prisoner was in
sane on any point it would be on the
subject OF his crime, turned the con-
versatiOn in that direction The ac.
cused then gave very full and lucid
account OF the whole affair. He said
that cayotes had been bothcring his
chickens so on the morning of the
murder he loaded his gun and went
out to hunt them. On the way back
he passed Thornlyke's place. Thorn.
cyke was milking ut the time. Pris-
oner asked him about one OF his
(Ward's) cows. Thorndyke replied,
"fou don't own any cows" Bitter
words followed which ended in Thorn.
dykes kicking the prisoner several
times. Prisoner raised his gun and in
some way, he don't just know how it
was discharged. Thorndyke iell to
the ground clapping his hands on his
head. He was still alive
and seemed to be suffering greatly, so
prisoner thought he might as well put
him out OF his misery and proceeded to
strike him ON the head with II large
club, which happened to be lying
near. The club was brittle and broke
with every blow. Prisoner thought
that, rs long AS he was going to be
hung anyway, he might as we'll make
good job of the killing, so went into
the house in search of an axe. He
could not find one, but secured ham
mer, with whicA he finished the dying
man. When asked by the doctor ii
he thought that it was really an act of
mercy to finish his victim after he had
shot him, he said eyes; he seemed to
be suffering good deal"
In his opinion prisoner was sane
enough to be responsible.
Cross'eXamined ut length. Did not
claim to be an expert on insanity, but
had studied it and treated II number Of
cases. A man might appear to be per-
fectly sound on every point but one.
A man might be insane for an hour
and then regain his sanity.
On redirect, he said that he
thought when any man committed an
unreasonable act he had at the time IL
species of insanity.
Deputy Sheriff Duncan was
then called and testified that on
the way back to the Jail after
the preliminary examination of the
prisoner, the latter remarked, 81 had
rather jump off the bridge than have
you fellows hang me-"
Duncan replied, "Oh, guess there
is not much danger OF our hanging
vou."
Prisoner rejoined, "But | don't deny
having done the deed"
In IL conversation held sometime
later, prisoner remarked, "Weil, | guess
I've got myself in Il bad fix, but /
would do the same thing over again"
This ended the evidence and both
sides rested their case.
Counsel then became involved in IN
argument as to which side had the
Jones claiming that il de-
yolved upon the defense to prove that
the prisoner was insane, while Nash
urged that the burden of proof lies
upon the prosecution to establish the
sanity of the accused. Counsel on
both sides argued the question at
length, and presented numerous au-
thorities in support of their views.
The judge ruled that the affirmative
rested upon the prosecution, and that
they would have the opening and clos
ing argument. He also stated that be-
fore counsel addressed the jury he
would he glad to hear from them as TO
the position which they should assume
in regard to insanity.
Nash stated that he should base his |
argument on three propositions, which |
he considered had been established. !
1st. That scnile demcntia had |
'omc upon the prisoner; that his
mind was impaired and weak, and any
title thing wonld excite him greatly. |
End. That the prisoner had been
cheated and robbed in his old age 10y
or fully believed that nc
,ad, and also that he thought his life
vas in danger from the same person.
Bird, That If the prisoner fully be-
leved fact, true or not, which If true
would justify him in killing Thorn
|yke, then he could not be found
,uilty.
Jones then submitted the following
propositions on which the prosecution
ested their case:
LIST. That insanity is NO defense for
rime only when it has reached such
stage that the afflicted person either
oes not know what he is doing, or
oes not know the nature of what he
doing ~ regards right and wrong.
therefore,, that even if the prisoner
as afflicted with scnile dementia, a. !
ne defense claimed, that could not ex-
use the crime which Inc had com
lifted.
2nd. That no evidence had been